28 U.S.C. § 1450
Attachment or sequestration; securities
Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court.
All bonds, undertakings, or security given by either party in such action prior to its removal shall remain valid and effectual notwithstanding such removal.
All injunctions, orders, and other proceedings had in such action prior to its removal shall remain in full force and effect until dissolved or modified by the district court.
Notes of Decisions
Cited in 278
cases (76 in the last 5 years), 1953–2026 · leading case: Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers, Local No. 70, 415 U.S. 423 (1974).
Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers, Local No. 70, 415 U.S. 423 (1974). “This case concerns the interpretation of 28 U. S. C. § 1450 , [1] which provides in pertinent part: "Whenever any action is removed from a State court to a district court of the United States .”
Nissho-Iwai Am. Corp. v. R. Sukarno Kline, Individually & D/B/A Frankenburg Imp.-Exp. Ltd., 845 F.2d 1300 (5th Cir. 1988). “One issue raised by this appeal is whether any deference is owed to an interlocutory state court order once a case has been removed to federal court. In determining not to permit appellants to reinstate their stricken pleadings, the district court deferred to the state court’s…”
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007). “, Larry Markson, Bob Hoffman, and Dennis Perman; and a Motion for Leave to File Third Amended Complaint and Dissolve or Modify the State Court’s June 15, 2006, Order Pursuant to 28 U.S.C. § 1450 filed by Plaintiffs (Clerk’s No.”
Tehan v. Disability Mgmt. Servs., Inc., 111 F. Supp. 2d 542 (D.N.J. 2000). “Pursuant to 28 U.S.C. § 1450 , “[a]U injunctions, orders, and other proceedings had in such action prior to removal shall remain in full force and effect until dissolved or modified by the district court.”
Avco Corp. v. Aero Lodge No. 735, Int'l Ass'n of MacHinists & Aerospace Workers, 390 U.S. 557 (1968). “[4] Another question raised here is whether the District Court, to which the action had been removed, should have dissolved the injunction issued by the Tennessee state court.”
Parson v. Farley, 352 F. Supp. 3d 1141 (N.D. Okla. 2018). “1113 (effect given to state court orders after removal is no greater than effect orders would have had in state court); see also 28 U.S.C. § 1450 ("All injunctions, orders, and other proceedings had in such action prior to its removal shall remain in full force and effect until…”
Lela Tompkins v. Crown Corr, Inc., 726 F.3d 830 (6th Cir. 2013). “The court denied Northwest’s motion, finding that 28 U.S.C. § 1450 and Federal Rule of Civil Procedure 60(b) precluded it.”
Altesse Healthcare Solutions, Inc. v. Wilson, 540 S.W.3d 570 (Tex. 2018). “" 28 U.S.C. § 1450 . The TRO prohibited contact with patients, employees, and nurses.”
Schmude v. Sheahan, 312 F. Supp. 2d 1047 (N.D. Ill. 2004). “In accordance with 28 U.S.C. § 1450 , those appointments remained in effect when the case was removed to federal court.”
Jones v. Dist. of Columbia, 177 F. Supp. 3d 542 (D.D.C. 2016). “LEGAL STANDARD When a case is removed to federal court, “[a]ll injunctions, orders, and other proceedings had in such action prior to its removal shall remain in full force and effect until dissolved or modified by the district court.”
Holmes v. AC & S, INC., 388 F. Supp. 2d 663 (E.D. Va. 2004). “See 28 U.S.C. § 1450 (“All injunctions, orders, and other proceedings had in such action prior to its removal shall remain in full force and effect until dissolved or modified by the district court.”
Chaz Constr., LLC v. Codell, 137 F. App'x 735 (6th Cir. 2005). “it is well-settled that they do remain binding on the parties until formally set aside by the district court.”
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